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TWENTIETH CENTURY FOX FILM CORPORATION & ORS v NEWZBIN LTD

A company had via its website infringed copyright subsisting in a number of films made and distributed by the claimant by its searching and indexing facility of Usenet and the facility for its premium members to download commercial movies protected by copyright.

13 April 2010

The claimant (T), makers and distributors of films, brought proceedings for infringement of copyright subsisting in a number of its films by the defendant company (N) arising from the operation of N's website, known as Newzbin. Newzbin provided a searching and indexing facility and a guide to materials available, via newsgroups, on the Usenet online discussion network. Access to Newzbin was restricted to a basic membership and a premium subscription membership. Newzbin retrieved title information about messages posted on Usenet and stored that information in indices which categorised and then further sub-categorised the content. The highest level index showed entries or "reports" created by an editor who would ensure that all of the individual messages on Usenet that comprised binary work, including copies of films had been identified. Editors were encouraged to focus on films in making their reports and provided with specific guidance on this. The movies category permitted members ...

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